HomeMy WebLinkAbout12-27-10L
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In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division ~~~,~
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In re: Estate of Constance L. O'Neill, r"! ^ ~
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an adult individual ' ~-=' =~ "~' ~ ~ ~;
petitioner, by her Sister and ~,. ~ °n
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Next Friend, Margaret L. Mathe : No. ~. ~ -- ) ~ - ~ ~ `~
Petition to Establish Special Needs Trust
Pursuant to 62 Pa. C.S. § 1414 and 42 U.S.C.A. § 1396p(d)(4)(A)
AND NOW, comes the petitioner, Constance L. O'Neill, by her sister and next friend, Margaret L.
Mathe, and by and through her attorneys, Flower Law, LLC, and states the following in support
of her petition:
1. Constance L. O'Neill ("the petitioner") is an adult individual residing at Cumberland
Vista, a personal care home in Monroe Township, Cumberland County, Pennsylvania.
2. The petitioner has an intellectual disability and is disabled as defined by the
Supplemental Security Income criteria in 42 U.S.C.A. §1382c(a)(3).
3. The petitioner was born June 26, 1965 and is less than 65 years of age.
4. The petitioner receives Social Security Disability Insurance benefits and Medical
Assistance in the form of Home and Community Based Services, a Medicaid waiver program.
5. The petitioner is the beneficiary of a Third-Party Supplemental Needs Trust funded by
her parents, both now deceased.
6. The petitioner's sister, Margaret L. Mathe, is trustee of the Supplemental Needs Trust.
7. On November 8, 1999, the petitioner executed a power of attorney designating her late
parents as her attorneys-in-fact. (Exhibit "A")
8. The said power of attorney designates the petitioner's sister, Margaret L. Mathe, after
death of the petitioner's parents, as the petitioner's health care agent and nominates Margaret
L. Mathe as guardian of the petitioner's person and estate in the event the petitioner should
ever be adjudicated an incapacitated person.
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9. Cumberland Vista is the representative payee for the petitioner's Social Security
benefits.
10. The petitioner is entitled to receive a share of her mother's IRA, in the amount of
approximately $39,000.
11. Receipt and retention by the petitioner of those IRA funds would render the petitioner
ineligible for Medical Assistance Home and Community Based Services.
12. Pennsylvania and Federal law permit the petitioner to transfer the funds received by her
from the IRA (after taxes), without penalty, to a Special Needs Trust with a "pay-back" provision
for MA benefits paid by the Commonwealth, provided that such a trust may be established only
by a parent, grandparent, guardian or a court.
13. The petitioner has no living parent, grandparent or guardian to establish such a trust.
WHEREFORE, the petitioner, by her sister and next friend, Margaret L. Mathe, prays this
Honorable Court establish a special needs trust for the benefit of the petitioner pursuant to 62
Pa. C.S. § 1414 and 42 U.S.C.A. § 1396p(d)(4)(A).
Respectfully Submitted,
Flower Law, LLC
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Thomas E. Flower
S. Ct. No. 83993
Flower Law, LLC
10 West High Street
Carlisle, PA 17013
(717) 243-5513
Attorneys for the petitioner.
In the Court of Common Pleas of Cumberland County, Pennsylvania
Orphans' Court Division
In re: Estate of Constance L. O'Neill,
petitioner, by her Sister and
Next Friend, Margaret L. Mathe No.
VERIFICATION
I, Margaret L. Mathe, hereby verify that the statements made
in the foregoing petition are true and correct, to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S.A. § 4904, relating to unsworn falsification to authorities.
DATED: De er r 2 1 J~
Margaret L. Mathe
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GENERAL DURABLE PO ~+ R. OF ATTORNEY
I, CONSTANCE L. O'NEILL, of Cumberland County, Pennsylvania, clo hel•eby
IlOnllllate, constitute, and appOlllt Illy 1110ther, LOUISE M. O'NEILL, and Illy father,
ROBERT C. O'NEILL, and each of then] individually, my true and lawful <Itt;ol•ncys-
in-:fact to act for me and in n1y name, to do and execute all or any of the followi.llg acts,
deeds, and things:
1. To withdraw all or any part of the fl.ulds credited to Illy name, from my
account at any bank, savings association or investment institution, now or hereafter
created; payable to the personal order of Iny said Attorney or to the order of any third
party; and to have access to any safe deposit box ~•entecl in my name, individually oI•
jointl3l with any third party.
2. To endorse and collect all clleclcs or other negotiable instruments payable
to me, and to sign in my name and execute on Illy behalf all deeds, assignments,
transfers, bonds, mortgages, proxies and instruments.
3. rho deluand, sue for, collect, receive and give discharges for all Money,
debts, interest, ciividencls, securities, shales of stock and othex• property which now
belong cI• shall hereafter belong to me.
4. To commence, prosecute and defend all actions and other proceedings
tOllchlllg Illy estate or any part thereof, or touclllllg anything in which I or I11y estate
11]ay be IIl slily Way C021cerlled.
5. To settle, compromise or submit to arbitration all claims, demands,
aCCOt1I1tS, disputes and differences betK~eell me and any other person.
6. To sell all Or any tangible or intangible personal property in which I have
an interest, and to execute all deeds and other illstru111ellts necessary or proper for
transferring the same to the purchaser or purchasers thereof, and to give good I•eceipt;s
and discharges for aII purchase moneys payable in respect thereof.
7. To invest the proceeds of any sale or sales afox•esaid and to invest any
other money or assets I may have, in such securities, cash equivalents, partnerships or
Other lllvestnlentS In ally 1nst1tut10I1S that Iny sald AttOr Iley, ill her/his absolute
discretion shall choose, and from time to time to vary the said investments or any of
them.
8. To pay any obligations and gratuities in respect to any part of my estate
out of the moneys coming into her/his hands as my Attorney shall think fit.
U. To vote at all meetings of stockholders of any company or co~•poratioil,
and otherwise to act as my Attorney, or proxy, Wltll 1'espect to my shares of stock or
other securities or investments in which I now ol• tllereaftel• shall have any interest.
lU. To enter into and to perfol•m COlltl'actS on my behalf and to carry out all
contracts entered into by me.
11. To purchase for my account United States Treasury Bonds which play be
redeemed at par (together with accrued interest thereon) for the payment of Federal
estate taxes, interest and penalties thereon, upon credit arranged through any
institution and to deposit the same as collateral for any such loan.
12. To hake gifts on my behalf to any donee [oI• to make lilnitecl gifts to
Ilarl'OWer class of dollees, such as to my spouse and issue; or in limited amount, such
as within the annual gift tax exclusion of the Internal Revenue Code, as amended.]
13. To create a trust for my belleflt, naming such trustees as are appropriate;
to amend or revoke such trust; to do such things as adding to, withdrawing from, and
receiving the interest or corpus of a trust; to make additions to an existing trust for my
benefit, and to receive the income of the corpus of a trust.
14. To claim an elective share of the estate of my deceased spouse, to file any
petitions related to such election, and to disclaim any interest in propel•ty which I and
I•equired to disclaim as a result of such election.
15. To disclaim or release any other interests or powers which I may have in
any propel•ty.
16. To renounce or resign from any fiduciary position to which I may be
appointed or in which I am now serving, and, if needed, to file or prepare a formal or
informal accounting for settlement by receipt and I•elease in connection with such
resignation.
17. To repl•esent me in any and all matters touching my interests in any
equitable estate which I created or of which I am a beneficiary and to exercise any
power on my behalf in connection therewith which I would otherwise have, including,
but not limited to the power to withdraw, receive or disclaim income or principal and
the power to discharge fiduciaries.
IS. TO apply for allcl authOl'17e lily ad1I11SS1o11 t;0 a lnedlcal, Ilul'S1Ilg',
residential or similar facility and to enter into agreements for Iny care. To execute
any consent, admission, or other forms, to enter into agreements for lny care with such
facilities or other care providers, to retain nurses on my behalf, and to provide for
security deposits or clown payx11ex1ts wltll respect to such agreexllents. In the event
that both LOUISE M. O'NEILL and ROBERT C. O'NEILL are unable or unwilling
to serve, then I appoint, my sister, MARGARET MATHE, to implement tl~e
provisions of this paragraph.
19. To arrange and authorize or withhold authorization for any medical and
surgical procedures on my behalf, including the administration of drugs, medical care
and therapeutic and surgical procedures. In the event that both LOUISE M.
O'NEILL and ROBERT C. O'NEILL are unable or unwilling to serve, then I
appoint, ~x1y sister, MARGARET MATHE, to implement the provisions of this
paragraph.
20. Should I ever be adjudged inconlpetent or incapacitated by a court, l
nominate n1y mother, LOUISE M. O'NEILL, and xn~T father, ROBERT C. O'NEILL,
to serve as guardians of xny estate and guardians of my person. Ix1 the event that both
LOUISE M. O'NEILL and ROBERT C. O'NEILL are unable or unwilling to serve,
then I appoint, my sister, MARGARET MA`I'NE, to so serve.
21. This power of attorney shall survive and not be invalidated by any Future
mental ox• physical disability ox• incapacity which may affect me.
22. I hereby ratify everything that my said Attorney shall lawfully do or
cause to be done.
23. I expressly direct that for all purposes, a photocopy of this Power of
Attorney shall be deemed to be an original and that any person shall be authorized to
act upon such a copy as if it were an original.
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IN WITNESS WHEREOF, I have set my Hand and seal this ~~~- day of
~y ~-`~ b~' V ; 1999.
WITNESS:
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CONSTANCE L. O'NEILL x ~ ~~
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COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF CUMBERLAND .
O11 t111S~~~ day of `N~~.3~.~~'1~99, before nle, a Notary Public in the Commonwealth
of Pennsylvania, personally appeared the within named CONSTANCE L. O'NEILL,
k110w11 t0 llle ~O1' satisfactorily proveil),and acknowledged that CONSTANCE L.
O'NEILL, executed the foregoing instrument, and the same is her act and deed.
WITNESS my hand and
Nora~tsa~. sEA~ „G
ANDR~ C. JACC~~I:i6N, NOTARY PUBLIC
C~4T~t3S1.£ 6i;A0, ~~Ui~ABERLANO CO., PA
~MY r,GMM~~;;~~,~N C2tPIR~S JULY 7T, 3t00~
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>eal the day and year noted above.
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Notary P lblic